Court of Appeals of Kentucky, 1913

East Tennessee Telephone Co. v. Jeffries

Court of Appeals of Kentucky · Decided June 4, 1913 · Settle

154 Ky. 257; 157 S.W. 3; 1913 Ky. LEXIS 37

Cases that cite this one

1 later published case cites this decision.

East Tennessee Telephone Co. v. Jeffries (Ky. Ct. App. 1914)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Response Extending Opinion by

Judge Settle

(For Original Opinion, See 153 Ky., 133).

It will be competent for the appellant on another trial of this case, by a cross examination of appellee or through 'other witnessés, to prove that he used the ladder by which *258lie was injured in previously installing or removing other telephones; and also any other fact connected with his use of the ladder that may tend to show his knowledge of its defective condition before or when his injury was received.

Besides the instructions set out in the opinion the court should give following No. 1, this additional instruction :

“If the jury believe from the evidence that the ladder did not, by reason of any defective condition, either break or come apart, they should find for the defendant.”

The opinion is extended in the particulars indicated.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.